Category: Hungary

  • Changes to Hungarian Employment Law in 2024

    This year several employment law rules of practical relevance will change in Hungary. These changes will have different entry into force dates, and are all briefly summarised below.

    Child and parental leave allocation

    As of 1 January 2024, the conditions for granting child and parental leave under the Labour Code have changed. The 44 working days of parental leave to which an employee is entitled (for children up to the age of three) must continue to be granted at the time requested by the employee, with the clarification that, in the future, said request will have to be sent to the employer 15 days before the start of the leave period. Henceforth, employees will be entitled to make use of child leave in addition to parental leave. The only limitation is that requests for leave must be submitted at least 15 days prior to the start of the planned leave.

    On the one hand, this means that additional days off, beyond the 7 working days, must be granted at the time requested by the employee (as long as they have made a proper request), which could be an important change for employers from a work organisation point of view.

    Issue of a new type of certificate upon termination of employment

    At the beginning of the year, Act IV of 1991 on the Promotion of Employment and Unemployment Benefits changed the type of certificate that is to be issued upon termination of employment. According to the explanatory memorandum, the aim is to ensure that employees receive a single, uniform document. Said document will contain all the necessary information in electronic form or, if the employee expressly requests it, on paper. This is meant to avoid the need to issue six different documents when an employment relationship is terminated. The electronic format will therefore become the main rule for the new certificate.

    Changes to working conditions in front of a screen

    The previous 6-hour daily limit for working in front of a screen has been abolished as of 1 January, as well as the restriction of actual working time in front of a screen not being allowed to exceed 75% of the daily working time. Consequently, there will be no basis for employees to argue that the employer does not organise daily work in accordance with these provisions.

    Narrowing the scope of the occupational health check From 1 September 2024, the rules on occupational health checks will also change. Cases in which a preliminary or periodic occupational health check is compulsory will be limited. According to the amendment to Act XCIII of 1993 on Occupational Health and Safety, an occupational health examination will only be required in cases specified by law or by decision of the employer, unless the legislation governing the relationship provides for a specific requirement of health fitness for the employee(s) concerned.

    This means that a separate ministerial decree will specify the job positions and tasks (occupations) for which a medical examination by an occupational physician will continue to be compulsory. However, employers may unilaterally (at their discretion) determine the job positions and tasks for which they still consider it necessary.

    Occupational health examinations are therefore not completely abolished by the amendment, but rather mandatory cases are narrowed down. From an employment law point of view, even in the absence of a sectoral provision, it is worth considering maintaining these examinations as it is still the employer who must ensure that safe and healthy working conditions are maintained. In the event of a dispute, documents attesting to such an examination can prove that the employer has acted with due care in terms of employment or the termination of employment.

    By Barnabas Buzasi, Counsel, Marietta Molnar, Senior Associate, and Nora Bogdany and Helga Szkok, Associates, Wolf Theiss

  • Employment Administration Speeds Up, Employment Certificate Is Introduced

    We are witnessing an important advancement in the field of employment administration in Hungary. Starting from 1 January 2024, the Act on the Promotion of Employment and Unemployment Benefits was amended, introducing the obligation for employers to issue an employment certificate following the termination of employment.

    The amendment needed to ensure that employees do not receive six different documents when their employment relationship is terminated, but only one single document containing all the necessary information, either in electronic form or on paper.

    Previously, the certificates to be issued included: the employer’s certificate issued on termination of employment, a form for income from the employer and deduction of tax and tax advances on termination of employment, a certificate for contributions deducted and paid in the year in question, a form for maintenance obligations determined by court order, a certificate for the determination of unemployment benefit and jobseeker’s allowance and the social certificate. All of these have been replaced by the employment certificate mentioned above.

    The amendment also lists the contents of the certificate, including the employer’s details, the employee’s personal details, the nature and duration of the employment relationship, the position held, the income and benefits, the compensations, the deductions, the reasons for termination of employment, the leave – in particular paternity and parental leave granted -, the insurance details, the information on income paid and tax deductions made, and finally, the information on social security benefits such as sick pay, infant or child care allowances. The deadline for issuing the certificate is the last day of work in the case of resignation by the employer, and in all other cases, the employer must issue it to the employee within five working days of the termination of employment.

    In conclusion, the amendment and the introduction of the employment certificate bring significant benefits. On one hand, it will require less time and resources on the part of employers and, on the other hand, it will provide employees with simpler and more transparent documentation of information about their employment affairs.

    By Rita Parkanyi, Partner, KCG Partner

  • Pre-Emption Right for the Hungarian State in Case of Solar Power Investments

    As of 13 January 2024, a new government decree amends the provisions of the clearance procedure of the Government Decree on certain foreign direct investments (“FDI”). The amendment grants the Hungarian State a right of first refusal in respect of acquisitions of strategic companies whose main or additional registered activity is electricity production and pursue solar power plant-related activity that are to be acquired by foreign investors.

    The Hungarian State may exercise the right through the Hungarian National Asset Management Ltd. within 60 working days. If the deadline expires without result, the right is lost. According to the amended procedure, the applicant must draw the attention of the competent minister to the possibility of a right of first refusal when filing its request. Following the submission of the request the Minister of National Economy will determine whether the transaction is covered by the right of first refusal and if so, will send the documentation to the ministry responsible for energy policy who will then decide whether the exercise of the right of first refusal is legitimate. If the ministry proposes the exercise of the pre-emption right, the FDI clearance procedure will be terminated with the reasoning that the minister responsible for energy policy is of the opinion that the exercise of the right of first refusal is justified.

    Finally, according to a Government Resolution, the target companies have to be transferred to the state-owned MVM Zrt. within 6 months from their acquisition by the State and the minister responsible for energy policy is mandated to be the beneficiary of the ownership rights and obligations of the State over the strategic target companies acquired as a result of the right of first refusal.

    By Rozsa Rusvai-Darazs, Attorney at law, KCG Partners Law Firm

  • Boost to Hungary’s Venture Capital Market – The Implementation of “Convertible Notes” in the Hungarian Legal System

    Early-stage startups often face a significant challenge due to their very limited runway – as usually they burn money faster than they are able to acquire funding – which makes external capital crucial for sustainability. From the perspective of potential investors determining the worth of these startups is a key factor in deciding whether to invest or not into the specific project which is complex and time consuming, a luxury startups often lack.

    To address this issue, the venture capital market has already devised specific tools, such as the SAFE (Simple Agreement for Future Equity) and – the subject of the present article – the convertible notes. Both instruments are already implemented by several countries with advanced startup ecosystems to facilitate early-stage investments for innovative startups while ensuring adequate protection for investors. 

    Both the SAFE and convertible notes defer the pricing of the investor’s stake until a later date, usually the first priced investment round. However, a significant distinction lies in the convertible note’s nature as a debt instrument. It carries a maturity date, and if no first investment round occurs by then, the investor can choose between debt repayment with accrued interest or conversion as per pre-specified terms in the convertible notes agreement. 

    The convertible notes agreement stipulates various financing terms, including a maturity date, the interest rates, conversion events and discounts during the first investment round. This discount might involve a valuation cap for conversion into equity or a discounted rate for determining the goodwill in the first investment round before the number of shares are determined.

    As of September 1, 2023, Hungary has implemented principles for providing convertible notes, a long-awaited milestone for the venture capital market. This move, however, hasn’t yet included the implementation of SAFE agreements.

    Prior to that, investors had the option to make a capital investment, which are suited for startups in their growth stage because they involve a complex negotiation and documentation process, or to provide loans with the option to convert into equity, similar to convertible notes. However, the Hungarian regulatory system requires a supervisory authorization from the Hungarian National Bank for commercial credit or loan granting, a burden for potential investors.

    However, the new legislation enables investors to provide convertible notes without such supervisory authorization, if the following criteria are met:

    • an investor may enter into fifteen convertible note agreement in a calendar year; 
    • the investor’s total convertible note stock shall not exceed HUF 500 million for individuals and HUF 2 billion for legal entities;
    • limiting the convertible notes only to micro and small enterprises established within five years, which are not publicly listed, have not yet paid dividends, or were not formed through merger or division.

    While the implementation of convertible notes alone might not drastically impact the startup ecosystem, there is optimism about the government’s willingness to co-operate with the market to introduce further foreign startup-specific practices, which could boost Hungary’s venture capital market to thrive.

    By Peter Ruff, Senior Associate, Pontes Budapest, Pontes

  • Kinga Laszlo-Bolcskei Makes Partner at Ban, S. Szabo, Rausch & Partners

    Kinga Laszlo-Bolcskei has been promoted to a Partner position with Ban, S. Szabo, Rausch & Partners in Budapest.

    Laszlo-Bolcskei has been with the firm since 2010 and has been an Associate Attorney since 2012. According to the firm, she “initially advised the firm’s German clients, where she gained extensive experience in general corporate and real estate law, and has subsequently been involved in a number of international corporate transactions and acts as counsel in competition law proceedings.”

    “Kinga’s expertise and professional approach have contributed significantly to the success of the law firm in recent years,” Managing Partner Janos Rausch said. We are confident that in her role as a partner she will continue to contribute greatly to the success of our clients and our firm.”

    “I am extremely pleased and proud to continue my career as a Partner at Ban, S. Szabo, Rausch & Partners,” Laszlo-Bolcskei added. “This new role is not only a personal acknowledgment of my years of work but also an opportunity for me to participate in the firm’s strategic decisions and subsequently to contribute even more actively to the future success of our clients and our firm.”

  • E-VAT System Goes Online in Hungary

    The digitalisation of the Hungarian tax system has reached another important milestone: after lengthy preparatory work (and a few setbacks), the e-VAT system was launched on 1 January 2024, on a voluntary basis, for now.

    The framework of an electronic VAT system (e-VAT, eÁFA in Hungarian) was introduced in Hungary back in 2021 with main objectives of the development to:

    • automate the processes related to the preparation and submission of VAT returns;
    • reduce the number of incorrect returns, thereby simplifying the control process and reducing the number of controls required;
    • reduce the VAT gap in Hungary (already under 5%).

    The concept is basically a set of services based on data available at the tax authority to help taxpayers prepare VAT returns. Accordingly, for tax assessment periods starting on 1 January 2024 and thereafter, the VAT return obligation can be fulfilled in one of the following alternative ways:

    (1)        the usual way, i.e.; by submitting the completed form in the so-called ÁNYK system;

    (2)        via an e-VAT machine-to-machine (M2M) link;

    (3)        by accepting the draft return prepared via the electronic interface provided by the tax authority (e-VAT web interface).

    The system went live as of 1 January 2024 and might be applied first for the periods starting from that date, i.e. first e-VAT returns are expected by 20th February 2024. This implies that in this – for now, indefinite – test period the above alternatives will allow taxpayers to try out the e-VAT system in such a way that, in the event of errors or inaccuracies, they can still submit their returns in the old way, safely and securely. On the long run, however, once the ÁNYK system is phased out, e-VAT is expected to be the only viable option and thus became mandatory. It is no secret that the goal of the tax office is to utilize standardized data from the taxpayers for more and more automated, autonomous risk assessment and more targeted and thus more effective tax audits. The pre-defined data structure and a standard list of tax codes as required by the e-VAT scheme should fit in to this tendency, especially in the case of M2M data provision and potential cross-checks with the e-invoice data already available for the tax authority.

    It is also clear that the tax authority is keen to see more and more taxpayers gradually shifting to e-VAT and to standardised processes offered by the new system. In order to facilitate the transition to the new system, there are several advantages that might be considered:

    • structured and detailed VAT analytics data (such as invoices received and issued, customs procedures data, etc.) can be retrieved from the tax authority database,
    • pre-filing (cross-)check results in a more extensive validation than previously, which may even highlight discrepancies sought by the NAV in its risk analysis,
    • a grace period of 15 days is provided: no self-audit surcharge is applicable and no audit can be initiated (for reliable taxpayers) within this timeframe.

    It is worth considering at least trying the new scheme in the test period without risk: If a taxpayer files more than one return for the same period, the first return filed is the taxpayer’s return, the other returns – e.g. submitted in the e-VAT system – are not considered and thus can be tested freely.

    By Balint Zsoldos, Head of Tax, KCG Partners Law Firm

  • New Act on the Entry and Residence of Third-Country Nationals in Hungary

    The Hungarian Parliament adopted a new act on the rules of the entry and residence of third-country nationals on 12 December 2023.

    The new provisions tighten and clarify the legal titles and conditions of residence and employment of foreign nationals in Hungary. The new act fully replaces the provisions on the entry and residence of third-country nationals in Hungary. Most of the provisions will be applicable from 1 March 2024, however, the rules on guest investors will enter into force only from 1 July 2024. There is also a transitional period between 1 January and 29 February 2024, during which it is not possible to submit any application for residence permit to the Immigration Authority.

    The new act introduces various new residence permit and visa categories. The new rules significantly alter the current regulation in two aspects: (i) a new type of visa and residence permit is available for third-country national entrepreneurs (i.e. guest investor visa and residence permit) under beneficial conditions and (ii) the conditions under which the third-country national employees (i.e. guest workers) may stay and work in Hungary are tightened. For more information about the changes, please see our previous article.

    In case of guest worker residence permit for investment purposes, during the procedure preference should be given to those employers who ensure the accommodation to the guest workers on the site of the investment and in an area separate from the local population. In this context, on 7 December 2023, the Government announced the launch of a new programme designed to support the construction of workers’ housing with a budget of HUF 20 billion, which will provide housing for approx. 3,500 people. However, the conditions for this support will be tightened as it requires that at least 50% of the accommodation must be available for Hungarian workers.

    By Eszter Ila-Horvath, Attorney at Law, KCG Partners Law Firm

  • Statutory Opt-In Membership in the Hungarian Chamber of Agriculture from January 2024

    In early January 2024, many managing directors in Hungary of companies with any agriculture-related activity could be surprised to receive a letter of the Hungarian Chamber of Agriculture stating that the company has become a member of the Chamber by law from 1st January. What does this chamber do, and what are the main consequences of the membership?  Why it is worth to consider an opt-out from the Chamber? In this article, we address these issues.

    1. What to know about the Hungarian Chamber of Agriculture

    The mission of the Hungarian Chamber of Agriculture (“Chamber”) is to strengthen the Hungarian agricultural and food sector and to promote its interests. The Chamber was established by Act CXXVI of 2012 on the Hungarian Agriculture, Food and Rural Development Chamber (“Act”).

    The Chamber provides expert advice, e.g. on the choice of the right agricultural insurance company, provides continuous information to its members, organises training courses and operates the Arbitration Court attached to the Hungarian Chamber of Agriculture.

    1. Members of the Chamber

    The members of the Chamber by  law are i) persons registered as farmers, ii) any sole entrepreneur engaged in an agricultural activity iii) any person registered as a farmer or agricultural producer organisation iv) any organisation meeting the conditions laid down by law.

    1. Statutory opt-in regime from 1st January 2024

    As a result of the amendment that entered into force on 1st January 2024, the group of companies whose membership in the Chamber is compulsory by law has been extended.

    Previously, membership was required for companies whose main business was the activity specified in the annexes of the Act. With the amendment, membership will be compulsory for companies who registered any of the agricultural activities in the company register that is listed in the annex of the Act.

    This list of the Act includes, for example, fishing, fish farming, the manufacture of beverages, the manufacture of tobacco products, the wholesale of food, beverages or tobacco, the wholesale of leather etc.

    1. Membership fee

    One of the main obligations of the members is the payment of membership fees. As from 1st January 2023, the membership fee is 0.19% of the net turnover of the year, two years preceding the year in question.

    The minimum amount of the membership fee is 1% of the average monthly gross income of the year preceding the year in question, and the maximum amount is four times the average monthly gross income of the year preceding the year in question.

    1. Special consequences in case of arbitration

    The membership in the Chamber can have far reaching consequences. As mentioned above, there is a permanent arbitration court attached to the Chamber.

    Members of the Chamber, intending to avoid state court dispute resolution in connection with agriculture related matters, shall stipulate the procedure of the Arbitration Court attached to the Hungarian Chamber of Agriculture.

    In case Chamber members stipulate other arbitration institute, the arbitration clause will be null and void.

    1. How to opt-out of the new regime

    With effect from 1st January 2024, The membership in the Chamber has become compulsory for all companies who have registered an agricultural activity in the   company register years ago, even if they do not exercise it nowadays.

    It is worth considering whether the company is actually engaged in the activity, because if not, the agricultural activity of the company can be deleted by 15th January 2024, and the company will not become a member of the Chamber with membership fees and other obligations from 2024.

    By Richard Schmidt Managing Partner, and Agnes Bartus, Junior Associate, SmartLegal 

  • Sam Baldwin Makes Partner at Szecskay Attorneys at Law

    Sam MacMahon Baldwin has been promoted to a Partner position with Szecskay Attorneys at Law in Budapest.

    According to the firm, Baldwin is a seasoned EU & competition law practitioner and will work alongside Competition and Compliance Head Aniko Keller to drive practice growth while leading the firm’s cross-border antitrust, merger control, state aid, and EU internal market mandates. Baldwin has been with the firm since 2017. Before that, he spent almost eight years with Gorrissen Federspiel, in Denmark.

    “Sam Baldwin is an internationally recognized antitrust expert and a highly regarded member of our firm,” Founder and Managing Partner Andras Szecskay commented. “With his business-oriented yet very human approach to clients and their business, he can present very complex competition law issues with great clarity. I’m very proud to have him on board; his dedication and international experience are invaluable for our team and clients.”

  • Competitiveness in European Union – Let Us Find the Holy Grail Again!

    There is nothing new in fancying competitiveness. There is also little that one can meaningfully add to the dialogue. Yet, it is surprising how the subject of “Europe’s competitiveness” climbs up the ladder of timely discourses, and repeatedly does so; finds its way onto the list of “final novel plans”, “last grand projects”, or, for the matter of pure practicality, to agendas of the European Union’s presiding troika.

    The concept of competitiveness and its economic and statistical agents, the full-cast legal jacket vesting it with measurable powers and the possibility of enforcement are already lay enough to play around with.  But isn’t it all simple? Theoretically, it is – if it were so unpretentious.

    The objective of this opinion is to provide with a historical-economic framework for the current dialogue and based on that, to point out opportunities for the Hungarian presidency of the Council, which will start in July 2024.

    It is time to reshape Europe’s future! What are we, Europeans, better at than moulding the upcoming? Not now, but of course, in the future?! Unfortunately, we cannot really shape the future, especially not by our once-hailed “strong international competitiveness”, we, in the EU, are ill-placed for that. Notwithstanding the relative economic downsides of the single European market, I argue that it is all right that we won’t call the major shots – we are still inhabitants of the most stable, secure, and overall happy part of the world.

    People at the helm of the European Union’s leadership are so twitterpated that they must ask a couple of former Italian prime ministers to help us find it out where the trails shall take us (what us refers to is, once again, at least foggy). Sig. Draghi and Sig. Letta both have a task to complete; come up with solutions for the global economic race and find the fuel for Europe’s motor: power the engine of competitiveness.

    The good, old methodology they are using to substantiate their claims and findings are interviews with Commission Directors-General, encounters and dinners in Member State capitals, talking to their former peers essentially. Primarily, that’s it. And the main problem, that that is really it. Et après… criez-vous au loup!

    European leaders do find themselves in the state of nervous excitement towards the end of their mandate and start engaging in grandiose projects (Barroso – being proud after the last G20 in Saint-Petersburg how the world esteemed the European way of handling the economic crisis – wanted to bring the “EU discussions” to member states’ capitals for the sake of European identity, and contemporarily, fixing the fragmentation of financial markets, through jointly tackled unemployment in the member states, and coordinated lending policies; while Juncker, during his last year, wanted to open up the Eurozone – and have an EU finance minister on the top – and expose Schengen to all eastern European members, and also advocated for a directly elected Commission president).

    These policy initiatives and ideas are the ones, it seems, which could have been dealt with during any part of the entire mandate of the outgoing president with just a little bit of more focus on thought-through economics and trade policy. And I do not mean long-engraved neoclassical obsessions. But such policies weren’t part of the policy focus, for the sake of tackling numerous imminent threats, one must acknowledge: the financial and economic crisis, the upheap of terrorist activities in Europe, and expansion of ISIS in the Middle East plus the increased migration towards Europe, the COVID-pandemic, the war in Ukraine, and the re-boiling Middle East. Fair enough. But the rule of law, economics and long-term thinking were out the door.

    But when the team is falling apart, one must change the gaffer, or indeed, come up with a new strategy. Change can be rather shocking, oftentimes painful, but usually it is also a relief. Damage contained; the sun rises again as it should. Sport strategy implemented to geopolitics and new wave economic thinking without a sugar coat.

    When Ursula von der Leyen sat down with her cabinet members in late August – well, those members have had some work-dinners some time before, one can assume – and came up with the great idea of having to fix Europe’s international competitiveness (whatever that means, really), it must have sounded the best idea after a hot and moderately interesting summer. To be fair, EU policy-wise, it was. The regulation of Artificial Intelligence systems was temporarily put on hold, the Energy Performance of Buildings Directive was still staggering, and Cybersecurity matters – horizontal and product-specific – being put aside, the e-Privacy proposal is essentially dead, and nobody yet grasped the how-abouts of the EU Chips Act. Waste, textiles, food also question marks. Competitiveness does sound fancy: a bit of industry, a bit of green policies, state aid and competition policy, a hitch of consumer protection, and of course, extraterritoriality. “Improve internally, do better, be more efficient, so you gain at global markets.” By August 2023, we had gotten used to the Russia-Ukraine conflict, COVID-19 has “disappeared”, and some players from the team have said good-bye in the hope of new titles – so far, not so successfully.

    So far, this may sound like a long-prepared rant, a pub-discourse of shady paradigms, which are only offering little contribution to the discussion, if at all. Let’s change the tone then because this is not the idea, nor the purpose.

    The von der Leyen Commission has been – aimed at – focusing on geopolitics, upgrading from Juncker’s theme of a more “political Commission”, probably more than any of its predecessors, and the president did that to the detriment of economic development in the EU. “Economic development” in the European Union means, in short, the completion of the single European market. When entering her office, following advice from the big think-tanks, such as CEPS, President von der Leyen set her priorities to serve the interest of the “geopolitical Commission”. Transparently, she was advised also to launch an EU industrial policy, too, especially to counter the US-China technological rivalry. The president tried to counter emerging nationalism and the rise of protectionism with balancing the respective global power dynamics. But she couldn’t succeed: trade is indeed with the Commission, but defence is still a national competence and hustling military, economic and political will is hardly an easy task. Therefore, little has changed since 2020: she did try to champion multilateralism and the Commission promoted fair and sustainable trade, too. But the EU is no more a sovereign region and a technological leader globally than it was four years ago.

    What does competitiveness refer to?

    Competitiveness has been assessed and defined in various ways but there is not much that would be considered novel: groups, regions, countries have always wanted to be richer, and being richer means excessive wealth in comparison. Because well-being has more often than not been measured by possession, the spoils, the riches. And corresponding power. In more peaceful times, economic excellence – frequently referred to as innovation – provided for temporary superiority. 

    Competitiveness is mostly considered “the ability of firms to mobilise and efficiently employ the productive resources required to successfully offer their goods and services in a global economic environment.” (For the sake of simplicity the aggregate number of firms is intended as a country (or economic bloc)). In other words, the aptitude to change through innovation and utilize and allocate effectively the resources and excel with firm-related comparative advantage on the global market by maximising the value they can add to the integrated global value chains. Adaptation to changing environments and increasing productivity in a sustainable way are key factors.

    National competitiveness, in the twenty-first century’s globalised trade reality, isn’t essential to a regional economic model – which the European Union is – as it only provides with a distorted view, compartmentalizing the position to national industrial policies and rankings. Regional competitiveness is.

    What does the EU’s competitiveness depend on?

    The European Investment Bank’s 2016 report states that “the competitiveness of EU economies depends on the capacity of firms and industries to drive and adapt to change through innovation, raising productivity and achieving a presence in key strategic sectors.”

    Competitiveness is only one measure to assess how well a region is doing, though indeed, it is a very important one. The EU functions as it does – by providing security and ensuring a globally outstanding quality of life to its citizens, avoiding de facto war between its Member States – because of what it is: not a hand-driven, autocratic country like China where personal freedom is relative if anything at all, not a federalist, wealth-driven state like the US where a great deal of the citizens has no access to universal health care, has the lowest life expectancy at birth or the highest death rates for avoidable or treatable conditions.

    The European Union is a complicated unity with oftentimes a lengthy decision-making process when compromise is the key word for any policymaker, and for most of the policy areas (except for the sensitive policy areas, which require unanimity in the Council, such as taxation, social security, common foreign and defence policy, police cooperation between its Member States) the actors must strive for a do ut des. Also, for the sake of regional strategic resilience and security, through a diversified local production ramp-up.

    Competitiveness also depends on long-term objectives and the capacity, ability, and united determination behind such objectives. Such goals could be, for example, global sustainability and the ability to pressure global players to become more sustainable themselves as well, even at the cost of short and medium-term economic sacrifices (nobody knows about long-term economic performance, and in the wake of an imminent environmental catastrophe, nobody will). This requires a coordinated approach, and also vis-a-vis different sectors of the economy: agriculture, automotive, energy, technology, financial markets and so on. How? By promoting European food standards; by promoting European climate objectives and emission standards and systems; integrating European energy markets; enforce global data protection (GDPR has a global role, few deny) and AI-system baselines for international standards; enforce EU financial rules for Euro-based trade and consumer protection standards globally, etc. Overall, we’re looking good: good job.

    What’s with the “EU’s competitiveness” then?

    Despite the general down-talking as to how austerity measures slay European companies, a couple of things seem to be changing for the EU in the positive. Europe’s venture capital scene seems to be picking up pace and the gaps with the US markets are closing down: money directed towards digital starts ups in Europe outpace greatly the money poured into US counterparts – thanks to governmental support in the EU. The EU is also closing the performance gap on Australia and China, according to the European Innovation Scoreboard, while intra-EU innovation-performance is also levelling out: moderate and strong innovators are now closer to one another than ever before.

    The EU’s internationally significant competitiveness has been decreasing (rather declining) over the past twenty years, while international pressure, competition, some would say, has been increasing from China, India, and from the US. For example, the European Union is not in for the global race in chip-making – the EU’s semiconductor industry is hardly part of any global map. Though the Volkswagen group alone is a known electric vehicle market player with around 8% of market share, the EU as whole is lagging behind Tesla (17%), and looking at a region: China (58%) the picture is even worse. Another example, given the high energy costs in Europe in general – and many claim, because of strict environmental regulations – the EU27’s chemical industry, in 2023, has reported the largest (over 10%) drop in production, compared to the US and the Middle East. Manufacturing has shifted to Asia and emerging technologies aren’t really emerging in the EU either at mass scale. Also, regulations – standards – often are able to drive innovation and serve competitiveness rather than halting it (think of the standardisation promoter under Horizon Europe). Look at the New European Innovation Agenda, for example, which recognized the importance of regionally integrated research and development activities, engaging in over 20 actions, some already realized, some to be carried during the next couple of years.

    The general view is that economic growth should be “boosted”. One can only hope that this refers to sustainable and environment-focused growth. To be able to see how this unfolds, we desperately need open markets, and then need to win these markets, then to measure how we are doing, and to fail at large, if needed, in order to learn from policy mistakes, misplaced trade strategies and their execution.

    The often-blamed scapegoat of the abundance of EU industrial regulations shouldn’t be pointed out as the ultimate problem. Regulations have never truly been – they are there for a reason that serves the society: consumer protection, safety, security, well-being, privacy, behaviour, democratic control, or consciousness, after all. Rather, their lack of enforcement[22] is tricky, and the corresponding and lenient national implementation that prefers local champions over an EU titleholder (in 2023, Germany alone, reportedly, spent over fifty percent of state aid allocated in the European Union – where is there the collaborative European spirit?). Green policies, sustainable reporting, and related transparency requirements in the medium-long run benefit consumers, public buyers, and companies which are focusing on sustainability too, not just economic growth. At the end of the day, such buyers will set the market dynamics. No one wants to buy faulty products, and no one truly wants to destroy the environment they live in. 

    Also, another matter is that sectoral policies are not followed by a strong and visionary EU industrial policy either. There is much to do regarding better regulations and more efficient, less burdensome law-making. For example, how sustainability company reporting requirements fit with ecodesign product designs and label-represented transparency towards the consumer. Or how product-level cybersecurity binds with EU-wide cyber resilience and the financing of broadband network layout (and its protection). Apparently, one of the reinstated ex-premiers seems to propose this, too. And capital market union, which is not new.

    We must insist on the strategic expatriation of our industrial policy (e.g., Net-zero industry act, Carbon Border Adjustment Mechanism, Energy Performance of Buildings Directive, Artificial Intelligence act, General Data protection regulation, Cyber resilience act, broadband infrastructure support, European standardisation policies, PFAS, etc.). If we see the same standards arising elsewhere globally, in segments which are important for European traders, the level playing field is going to be adjusted – but not before.

    Let us also learn from the past: what went wrong with the monetary policy, how we are doing concerning the fiscal policy integration, why the lack of a coordinated European employment policy is a mistake? It is almost common economic sense that in case of challenges in a regional economic bloc, a step towards a closer integration is the solution, never the dissolution of the bunch. Ask the Brits.

    Hungary will hold the EU presidency during the second half of 2024 and hence will set the agenda in the Council. Competitiveness should not only be a keystone in the presidency program, but specific outputs must be delegated to this objective. Compromise-free outputs, which benefit the entire European Union. This will not be an easy task given that the Commission will only be forming, and the European Parliament must go through the administrative preparation phase with “who is taking what position”. Nevertheless, the government must try.

    How could Hungary help move forward competitiveness in the European Union?

    Let’s start with something that we already have: Hungary has a national Artificial Intelligence (AI) strategy. Yes, it should be upgraded and the put on a palette to the other member states in Brussels as a showcase of forward-thinking. In the light of the recent policy developments in Brussels, let’s align the objectives in this national strategy with the AI regulation and help finalising it. Then let’s focus on the AI liability directive – no doubt, consumers must be protected and supported regarding products coming from other regions in the world. Plus, businesses need to know what to expect, how to change their product line developments.

    Competitiveness isn’t only attacking others by trying to triumph markets regardless: competitiveness is also a defensive economic policy. Free trade isn’t only uncontrolled quantities of low-priced products, and low prices don’t just do good. Consumers buy and the best consumers buy in the long-term too. And if they are hurt, they move on to other sellers. A presidency that uptakes this mission is a presidency of the people.  

    There is also an ongoing work concerning semiconductors and microelectronics in Hungary. We are actively analysing the European semiconductor markets and are preparing the national strategy on chips. A well-studied, well-informed, and discussed plan. Let’s develop it further with a specific implementation plan, especially in view of the coming presidency. The European strategy of becoming a more determinant market player by 2030 – having 20% of the global chip production capacity – is hardly achievable with the funds earmarked for such activities by the EU Chips Act. It will barely be enough to maintain the current and modest number. America spends much more – only tax breaks will result in approximately twenty-four billion USD, let alone direct investment opportunities and the declared brain drain strategy for AI engineers. Such ambitious EU plan must be reflected in national and supportive industrial approach and coupled by private investment. Yes, Hungary should build its local chips ecosystem: it should start wooing companies, – European or not – to establish base in the CEE by tax breaks, direct support, joint educational programs, long-term investment. This will fortify local strength and elasticity and will consequently contribute to reinforced regional stability by providing a sound base to the eastern front of the EU’s economy. It should also create its dedicated venture capital supporting AI related chip research, design, testing and manufacturing, and university spin offs.

    It is evident that we lack qualified engineers in Europe, experts who are fundamental to a resilient 21st century economy: despite the pandemic, engineering need remains to be very high in Europe and in North America. Hungary and the CEE region are no exceptions. We need to pay more for several types of employees in which we are short stacked, teachers and engineers. Even above-the-market. A faulty non-resilient national system cannot be well-integrated into a regional economic bloc, never mind the global markets. Hungary is still in the position to upscale its educational capacities for hardware and software engineers, and perhaps create a special tutoring line at university level for packaging engineering. Education serves the industry, the industry serves the economy, and a strengthened economy provides for more strategic independence and stable, sovereign but globally respected Europe.

    Hungary is in a special position being at the outermost post of the European Union, having non-EU member countries Ukraine and Serbia bordering the country, and being very close to the entire Balkan region. Geopolitics is about geography and politics. We should focus more on the previous, for once, and utilize the position we have; governments in the Balkan countries still listen to us, people up north-east should do, too. But only a result-oriented, pragmatic and EU-spirited presidency can be of service to the European Union’s competitiveness and only such approach would strengthen Hungary’s position in Europe. Leveraging the recent history would also create a better atmosphere in Brussels with the new Commission and Parliament. Bush-fighting is for the brainless: wars are won at the planning table. Which, for a country that loves combat-related allegories, should be very describing.

    And finally, continuing with the realization of the regional innovation valleys, bringing them closer to the Hungarian actors is a national interest. Innovation networks, product value chains are being built as part of these Commission-driven initiatives, and national players shouldn’t miss out. If the presidency is well manoeuvring the waters, local companies may be able to jump on the train and the EU’s overall competitiveness will improve.  

    By PAl Belenyesi, Of Counsel, Dentons